Township of Birmingham, PA Electrical Standards

The Board of Supervisors of Birmingham Township hereby adopts the International Electrical Code, Administrative Provisions, 2018 Edition, as now and as hereafter supplemented, reissued, amended and revised, as published by the International Code Council, Inc. Not fewer than three copies of the International Electrical Code, 2018 Edition, are filed in the office of the Secretary of Birmingham Township, and the same is hereby adopted and incorporated as fully as if set out at length herein.

§ 54-3 Additions, deletions and modifications to Code.

[Amended 6-7-2004 by Ord. No. 04-05]

The following amendments, additions, deletions and changes are hereby made to the ICC Electrical Code, 2018 Edition:

Section 101.1 shall be amended by the deletion of the words, "[NAME OF JURISDICTION]" and the replacement thereof with "Birmingham Township."

Section 202 shall be amended by deleting the definition of "Approved Agency" and replacing it with the following definition:

"APPROVED ELECTRICAL INSPECTION AGENCY. An individual or entity that has been licensed and certified by the Commonwealth of Pennsylvania to perform electrical inspections and plan reviews."

The heading of Section 301 shall be deleted in its entirety and replaced with the following:

"SECTION 301 ENFORCEMENT"

Section 301.1 shall be amended to state as follows:

"301.1 General. The Board of Supervisors shall, by resolution, appoint a Building Code Official who shall be certified by the Commonwealth of Pennsylvania under the Act. The Building Code Official shall be responsible for administration and enforcement of this code. The Building Code Official shall be referred to in this code as the 'Code Official.' The Township and its Code Official shall not perform any electrical inspections, but instead shall rely on an approved electrical inspection agent to perform such electrical inspections."

Section 302.5 shall be amended to state as follows:

"302.5. Inspections.
	1.	An approved electrical inspection agent shall inspect the premises in which electrical work was performed pursuant to this code and issue a certification to the Code Official that such work was performed in accordance with this code.
	2.	No electrical work shall be concealed unless and until it has been inspected and approved by an Approved Electrical Inspection Agent. In addition upon completion of the installation of any electrical work an Approved Electrical Inspection Agent shall make a final inspection.
	3.	All decisions made to determine whether or not the proposed electrical work complies with the provisions of this code shall be made by the approved electrical inspection agent.
	4.	The approved electrical inspection agent, upon completion of such inspection, shall issue to the Code Official a duplicate record of approval of any inspection or inspections showing compliance with the provisions of this code.
	5.	Notwithstanding the foregoing in addition to the inspections provided for and made by an approved electrical inspection agency, the Code Official may make or cause to be made such additional inspection or inspections, either by himself or herself or his or her duly authorized agents, as he or she shall deem necessary to ensure that all electrical work conforms to the provisions of this code.
	6.	The Approved Electrical Inspection Agent or the Code Official shall have the power to stop any and all electrical work and order the removal thereof when either determines that such work is not in conformity with the provisions of this code. Pursuant to that power, an approved electrical inspection agent making inspection of any electrical work shall immediately, but in no event later than 48 hours after such inspection, notify the Code Official of any work that is not being installed or has not been installed in conformity with the provisions hereof. When, in his discretion, such Approved Electrical Inspection Agent determines an emergency to exist with respect to any electrical installation, he shall order that all such electrical installation shall cease forthwith and shall direct that all improper electrical work shall be immediately corrected and the same reinspected before further electrical installation continues. Concurrently with such determination, the Approved Electrical Inspection Agent shall notify the Code Official. Thereafter, such improperly installed electrical work shall not be utilized or activated in any manner until further inspection by the Approved Electrical Inspection Agent is made and approval thereof given."

Section 404.2 shall be amended to state as follows:

“404.2 Permit fees. The fee for the permit for electrical work shall be paid in accordance with the fee schedule approved and adopted by the Board of Supervisors, which schedule shall be available for public inspection at the office of the Secretary of the Township of Birmingham. The fee schedule shall be reviewed and revised as necessary by the Board of Supervisors."

Section 1003.1 shall be amended to state as follows:

"1003.1 Penalties. Any person who shall violate a provision of this code or shall fail to comply with any of the requirements thereof, or, who shall erect, construct, alter or repair a building or structure in violation of an approved plan or directive of the Building Code Official, or of a permit or use and occupancy permit issued under the provisions of this code, shall be guilty of a summary offense, punishable by a fine of not more than $1,000 per day, plus costs and attorney's fees, and, upon default of the payment of the fine and costs, imprisonment not exceeding 30 days. Each day that a violation continues shall be deemed a separate offense."

§ 54-4 (Reserved) [1]

[1]

Editor's Note: Former § 54-4, Permits, was repealed 6-7-2004 by Ord. No. 04-05.

§ 54-5 (Reserved) [1]

[1]

Editor's Note: Former § 54-5, Inspection and approval of installation, was repealed 6-7-2004 by Ord. No. 04-05.

§ 54-6 Township-approved inspector.

[Amended 6-7-2004 by Ord. No. 04-05]

All inspections shall be performed by an Approved Electrical Inspection Agent who has been approved by the Code Official and has registered in the Township in accordance with the requirements of this section. An Approved Electrical Inspection Agent must provide evidence to the Code Official that they maintain a valid up-to-date certification from the Commonwealth of Pennsylvania to perform electrical inspections.

§ 54-7 Violations and penalties.

Any violation of this chapter shall provide the following:

Unlawful acts. It shall be unlawful for any person, firm or corporation to install, alter, relocate or add to any electrical installation with the scope of this code or cause the same to be done in conflict with or in violation of this code.

Notice of violation. The Code Official shall serve a notice of violation on any person responsible for the installation, alteration, relocation or addition to any electrical installation in violation of the provisions of this code or in violation of a detailed statement or a plan approved thereunder or in violation of a permit or certificate issued under the provisions of this code. Such notice shall order discontinuance of the illegal action or condition and the abatement of the violation.

Prosecution of violation. If the notice of any violation is not complied with promptly, the Code Official shall notify the Board of Supervisors of the failure to comply. The Code Official may institute a summary proceeding before a Magisterial District Judge against the violator and/or may request the Board of Supervisors to authorize the Township Solicitor to institute the appropriate proceedings at law or in equity to restrain, correct or abate such violation or to require the removal or termination of the unlawful use of the building or structure in violation of the provisions of this code or of the order or directions made pursuant thereto.

[Amended 7-1-1996 by Ord. No. 96-08; 4-21-1997 by Ord. No. 97-05[1]]

[1]

Editor's Note: This ordinance also provided that all Birmingham Township Ordinances adopted under and pursuant to the provisions of the Second Class Township Code, Act of May 1, 1933 (P.L. 103, No. 69), as reenacted and amended November 9, 1995, by Act 1995-60, as further amended by Act No. 1996-172, as the same may from time to time be further amended, may be enforced by Birmingham Township through an action in equity brought in the Court of Common Pleas of Chester County, Pennsylvania.

Violation provisions. Any person who shall violate a provision of this code or who shall fail to comply with any of the requirements thereof or who shall install, alter, relocate or add to any electrical equipment within the scope of this code in violation of the provisions of this code or of an approved plan or of a directive of the Code Official or of a permit or approval issued under the provisions of this code or who shall permit the installation in violation thereof shall, upon conviction thereof in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be subject to the payment of a fine of not less than $100 and not more than $1,000, plus the costs of prosecution, including reasonable attorneys' fees incurred by the township. In default of payment thereof, the defendant may be sentenced to imprisonment in the county prison for a term of not more than 30 days. Each section of the chapter violated shall constitute a separate offense, and each day or portion thereof in which a violation of this chapter is found to exist shall constitute a separate offense, each of which violations shall be punishable by a separate fine imposed by the Magisterial District Judge of not less than $100 and not more than $1,000, plus the costs of prosecution, including reasonable attorneys' fees incurred by the township, or upon default of payment thereof, the defendant may be sentenced to imprisonment in the county prison for a term of not more than 30 days.

[Amended 6-5-1995 by Ord. No. 95-01; 7-1-1996 by Ord. No. 96-08; 4-21-1997 by Ord. No. 97-05[2]]

[2]

Abatement of violation. The imposition of the penalties herein prescribed shall not preclude the Township Solicitor or the Code Official from instituting appropriate action to prevent unlawful construction or to restrain, correct or abate a violation or to prevent illegal occupancy of a building, structure or premises or to stop an illegal act on or about any premises.

§ 54-8 Stop-work order.

The following shall constitute the requirements of a stop-work order:

Notice to owner. Upon notice from the Code Official that work within the scope of this code is being performed contrary to the provisions of this code or in an unsafe or dangerous matter, such work shall be immediately stopped. The stop-work order shall be in writing and shall be given to the owner of the property involved or to the owner's agent or to the person doing the work and shall state the conditions under which the work will be permitted to resume.

Unlawful continuance. Any person who shall continue to work in or about the structure after having been served with a stop-work order, except such work as that person is directed to perform to remove a violation or unsafe conditions, shall commit a violation of this code and shall be subject to penalties and/or fines and remedies as provided in § 54-7D.

§ 54-9 Appeals.

All appeals shall provide the following:

An appeal from any decision of the Code Official may be taken to the Board of Supervisors. Such appeal shall be made, in writing, within ten (10) days after such decision has been made. The appeal shall be verified by an affidavit and shall be filed with the Township Secretary. The appellant or representative shall have the right to appear and be heard, if such right is requested in the written appeal.

The appeal shall be accompanied by the appeal fee established by resolution or ordinance of the Board of Supervisors, and no appeal shall be considered complete without the payment of the appeal fee.[1]

[1]

Editor's Note: A Fee Schedule is on file in the office of the Township Secretary.

A prompt decision of such appeal shall be made by the Board of Supervisors. In making a decision, the Board of Supervisors may vary or modify any provision of this code where necessary in the Board's discretion to resolve practical difficulties in interpreting the strict letter of the law so that the spirit of the law shall be observed, public safety secured and substantial justice done. Such variation or modification shall be the minimum necessary in order to grant relief. Every action of the Board of Supervisors on such appeal shall be by resolution, copies of which shall be certified to the Code Official and the appellant.